Gumbes v. Hicks
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants,. Charles M. Hicks and others^ from an order, made by the county judge of Broome county and entered in the office of the clerk of the county of Broome on the 6th day of April, 1906, denying the defendants’ application to vacate a warrant of attachment against their property, which application was inad^ on the papdrs on which said warrant was granted. The warrant of attachment was granted because of the non-residence of the defendants.
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Appeal by the defendants,. Charles M. Hicks and others^ from an order, made by the county judge of Broome county and entered in the office of the clerk of the county of Broome on the 6th day of April, 1906, denying the defendants’ application to vacate a warrant of attachment against their property, which application was inad^ on the papdrs on which said warrant was granted. The warrant of attachment was granted because of the non-residence of the defendants. The plaintiffs are also non-residents. The affidavit on which the warrant was granted was made by one of the plaintiffs’ attorneys…
1Opinion of the Court
Cochrane, J.:. Primarily an application for a warrant of attachment should be based on legal evidence. Hearsay evidence is substituted therefor only in cases of necessity, and the courts have been strict where stich necessity exists that the source of the evidence be given.as well as the reason why primary evidence is not furnished.
“ Where a party alleges upon information and belief, and states that the sources of his information are certain writings, the court is entitled to know what the writings are, in order to see whether the affiant is justified in his belief or not.” (ladenburg v.…
2Cases cited2 opinions
- Ladenburg v. Commercial BankNew York Supreme Court · 1895
- Barrell v. ToddAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- Swiss Bank Corp. v. EatessamiAppellate Division of the Supreme Court of the State of New York · 1966
- Hart v. Page Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Meyer v. Consolidated Ice Co.U.S. Circuit Court for the District of Eastern New York · 1908
- Rives v. Zeiss-StiftungAppellate Division of the Supreme Court of the State of New York · 1940